Opinion
September 29, 1995
Appeal from the Erie County Court, Rogowski, J.
Present — Denman, P.J., Lawton, Fallon, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh and excessive does not survive the voluntary, knowing and intelligent waiver of his right to appeal (see, People v Allen, 82 N.Y.2d 761; People v Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019).
The further contention of defendant that his sentence is illegal is without merit. Although County Court did not expressly state that the periods of six months' incarceration and five years' probation to which defendant was sentenced were to run concurrently, the period of probation runs concurrently with the period of imprisonment by operation of law (see, Penal Law § 60.01 [d]).